Key Takeaways
• Florida’s governor says a federal AI regulation order can’t override state laws
• Ron DeSantis argues only Congress can preempt states on AI regulation
• He doubts Congress will back a bloc on AI rules because they’re unpopular
• This marks a rare public break between DeSantis and Donald Trump
Florida’s governor sharply criticized President Trump’s plan for a federal AI regulation rulebook. He took to X to say an executive order can’t stop states from making their own AI laws. In fact, DeSantis noted that only Congress could preempt state action through legislation. Moreover, he warned the public would dislike a ten-year ban on new state AI rules—calling it an “AI amnesty.” This stance puts him at odds with Trump even though they remain political allies on many fronts.
Why State Power Matters in AI Regulation
State governments hold a lot of power when it comes to consumer protections. Therefore, an executive branch order cannot override state laws on AI regulation. DeSantis pointed out that only Congress has the authority to block states from setting their own rules. He explained that a president cannot unilaterally wipe away state authority. Instead, any federal preemption must come through clear legislation passed by both the House and the Senate.
Moreover, DeSantis has been a fierce AI skeptic. He has urged Florida lawmakers to craft state laws that shield consumers from potential AI harms. For example, he wants rules that prevent deepfakes from spreading without consent and that ensure transparency when AI makes decisions. Thus, he sees strong state-level AI regulation as essential to protect everyday people.
DeSantis’s Skepticism of Federal AI Regulation
In his post on X, DeSantis argued that Congress “hasn’t proposed any coherent regulatory scheme.” Instead, he said, its only real move so far is to block states from acting for a decade—an approach he called “AI amnesty.” He added that such a plan is deeply unpopular with voters and that he doubts lawmakers can rally enough votes to pass it.
This position shows DeSantis’s faith in state action over federal mandates. Meanwhile, Trump’s executive order would create a federal AI rulebook. It would push agencies to set standards for testing, transparency, and safety of AI systems. However, DeSantis believes that order would have little real power against state law. He also thinks it would spark legal challenges and confuse businesses that work across state lines.
What This Clash Means for People
For consumers and companies, this feud could shape how AI tools are built and used. If states move first, they might set higher safety standards than a federal rule. They could require clear warnings when AI is in use and create rights for those harmed by AI mistakes. On the other hand, a federal framework could bring consistency across all states and help big tech firms avoid a patchwork of laws.
However, consumers often lack the power to push big tech on AI safety. That means state rules can step in as a check on industry practices. Yet, when federal and state rules conflict, judges have to sort out which laws stand. DeSantis’s warning sets up a future legal fight over whether an executive order can override state AI regulation.
Republican Rift on AI Regulation
Until now, DeSantis has largely backed Trump’s agenda, even during their 2024 primary battle. This public break is notable because Republicans tend to rally behind their party’s former president. Still, a growing number of GOP figures are voicing concerns about Trump’s AI plans. Some warn that blocking states for ten years would stall innovation and leave people unprotected.
In addition, Rep. Marjorie Taylor Greene has also criticized the plan and even threatened to block Trump’s allies in Congress. Other Republicans say they might break ranks once Trump can’t influence their primaries. Therefore, this debate over AI regulation could reveal new fault lines within the party.
Looking Ahead
As AI technology grows more powerful, the fight over its rules will only intensify. States like Florida may speed ahead with their own laws. Meanwhile, the federal government could push for a single set of standards. Businesses will watch closely to see if they must comply with state rules or await a national framework. Ultimately, consumers hope for strong protections against AI misuse—whether those come from Tallahassee or Washington.
Frequently Asked Questions
How can an executive order affect state AI rules?
An executive order can direct federal agencies but cannot erase state laws. Only Congress can pass a law to override state actions.
Why does DeSantis oppose the federal AI regulation order?
He says it cannot preempt state law and doubts Congress will pass a bill to block states. He also warns the public finds such a ban unpopular.
Can Congress override states on AI regulation?
Yes, Congress can pass legislation that preempts state laws. However, lawmakers must agree on a clear, coherent plan before it can take effect.
What impact could state AI laws have?
State laws can set safety standards, require transparency, and give people recourse if AI harms them. They may also spark legal battles over federal versus state power.